Privacy Statement
WARNING
The terms and conditions apply to the use of this web site, including the purchase of goods over this web site. In using this website for these or any other purposes, you agree to be bound by the terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.
TERMINOLOGY
In these terms and conditions, the expressions "we", "us" and "our" are a reference to Herbario Pty Ltd
AMENDMENTS TO TERMS AND CONDITIONS
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
SECURITY AND PRIVACY
Herbario is committed to offering our customers a satisfying shopping experience, whether they come to our stores or shop online. We greatly respect your privacy and the protection of your personal information is of the highest priority. We adhere to Australian privacy law. Herbario will not sell or provide your email address or other personal details to any third parties for any purpose unless we are required to do so by law.
We may collect web site visitors' contact information (like their email addresses). Unless you object, this information may be used:
- to send news, information about our activities and general promotional material which we believe may be useful to you
- to monitor who is assessing the web site or using services offered on the web site; and
- to profile the type of people accessing the web site
If you do not wish to have your personal information used in this manner or for any other specific purpose, you can email us accordingly.
Your email message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of email abuse is suspected.
All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
You are entitled to have access to any personal information relating to you which you have previously supplied to us over this web site. You are entitled to edit or delete such information unless we are required by law to retain it.
If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us at info@herbarios.com.au.
No data transmission over the internet can be guaranteed to be 100% secure however, to the best of our ability, we will protect your personal information. We will only use your order details and information, including mailing addresses, email address, and phone number, to fulfil your order and to advise you of the status of the order.
COPYRIGHT
In accordance with Australian and international copyright law, every aspect of the Herbario website, our products, logos, written and visual content is the property of Herbario. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorized by these terms and conditions, you may not in any form or by any means:
- use any part of this site for any purpose.
- reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the content of this website.
- commercialise any information, products or services obtained from any part of this web site; without our prior written consent
For inquiries, please contact info@berbario.com.au
TRADE MARKS
Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a registered trade mark.
If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
- in or as the whole or part of your own trade marks;
- in connection with activities, products or services which are not ours;
- in a manner which may be confusing, misleading or deceptive;
- in a manner that disparages us or our information, products or services (including this web site).
ORDERING PROCEDURE
You may offer to purchase goods described on this web site for the price specified on this web site. Your order must contain your name, email address, payment details and any other ordering information specified on this web site. Within seven days of receipt of your order, we will at our discretion accept or reject your offer to purchase.
You may not cancel an order once it has been submitted, even if our acceptance or rejection of your offer is still pending. We are not required to give reasons for rejecting your offer to purchase. If we reject your offer to purchase the goods for any reason, neither of us will be under any further liability to the other arising out of your original offer or our non-acceptance of that offer.
If we have not responded to you within seven days, your offer will be deemed to be rejected.
We give no undertaking as to the availability of products advertised on this web site.
Delivery of the goods to you will be effected in the manner described on this website.
Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.
Payment must be effected in the manner described on the web site. Prices are inclusive of goods and services tax, where such tax is applicable. In all other respects, the price is exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the supply of goods. The goods are offered for sale only to persons who can make legally binding contracts.
PRICING
All goods on this website are priced in Australian dollars and are subject to change without notice. All prices are inclusive of 10% GST per item.
GIFT CARDS
Please note that gift cards are only valid for the period noted on the gift card. Gift cards cannot be topped up, extended, refunded or redeemed for cash.
ONLINE SHOPPING
Herbario allows its customers to purchase products and services via email, fax and telephone.
ORDERING OFFLINE
If you do not wish to place your order on the internet, we offer you the option of faxing or mailing us your order.
Tel +61 3 9529 6320
Fax +61 3 9510 6951.
SHIPPING & COSTS
POSTAGE AND HANDLING CHARGES
AUSTRALIA
Regular Post
Small Satchel AUD$9.30
Medium Satchel AUD12.70
Extra Large Satchel AU19.20
Express Post
Small Satchel AUD$12.30
Medium Satchel AUD16.20
Extra Large Satchel AUD26.20
INTERNATIONAL
Please contact Herbario for a quotation info@herbario.com.au. Shipping costs are based on the weight of the item, and mode of delivery. All items will be sent by Australia Post services, unless requested otherwise.
DELIVERY TIME
Herbario does not ship goods until payment has been received and cleared. Herbario reserves the right to accept, reject or cancel your order for any reason.
When an order is accepted and payment has cleared, goods should reach you within 1-3 working days inside Australia, or 4-14 days outside Australia.
Goods can be insured on request. If you are not home when the goods are delivered, it is up to the postman whether the parcel will be left, or whether it will have to be collected from the post office.
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer, during postage.
ORDER QUERIES
What if my order hasn't arrived in the estimated time?
If you're waiting to receive your parcel and you think it should have arrived by now:
- The delivery times listed above are from the time the parcel is dispatched, not from the time you place your order. Also, "working days" means Monday to Friday only, and doesn't include public holidays.
- Check your local post office or mail centre to see if they are holding it there for you.
- Sometimes the postman forgets to leave a card to tell you to pick the parcel up.
If you have checked all the above, and still no parcel? Email us with your order details and we'll look into it for you.
TAXES
You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products from Herbario.
CANCELLATION DUE TO ERROR
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and your credit card has been charged. We reserve this right up until the time of delivery of goods to you. If a cancellation of this nature occurs after your credit card has been charged for the purchase, we will immediately issue a credit to your credit card or bank account for the amount in question.
CUSTOMS FEES
Some countries (UK, the EU, and Canada in particular) charge customs fees or import duties on merchandise ordered from overseas. Please be aware that these charges are the customer's responsibility and are beyond our control. We advise that you contact the relevant government body in your country (e.g. Customs & Excise) for information on what these charges might be.
By law, we have to declare the status (i.e. "merchandise" or "gift") and the value of each parcel accurately. It is a criminal offence for us to make a false customs declaration, so please do not ask us to underestimate your parcel or to mark it as a gift.
PURPOSE OF GOODS
When purchasing Herbario products, the buyer agrees to use the products only for their intended purpose. If the buyer decides not to follow Herbario’s recommended instructions, he/she must accept full responsibility of the outcome.
ADVICE AND INFORMATION
Feel free to send us an email at info@herbario.com.au, or to call us on +61 3 9529 6320 if you have any queries about our products. The information contained on this website is of a general nature and could never replace professional advice. Herbario cannot take responsibility for any loss or damage arising from using this website.
STORAGE OF GOODS
Herbario products do not contain synthetic anti-mould or anti-fungus chemicals therefore do not store them in the shower or any place where they’ll be exposed to moisture.
RETURNS
Please contact us on +61 3 9529 6320 or email us at info@herbario.com.au to check if a return is valid and authorised. Returns may only be accepted if the goods are defective or were not part of your order. Products must be returned to Herbario within seven days of purchase. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer, during postage. The cost of returning the goods is the responsibility of the buyer.
The address for postal returns is:
Herbario Clinic
222 Chapel Street
Prahran VIC 3181
Australia
LIABILITY
We comply with the Trade Practices Act 1974, state based Fair Trading Acts and Sale of Goods Acts, the Consumer Credit Code, the Electronic Transactions Act 1999, the Information Privacy Principles set out in the Commonwealth Privacy Act 1988; and the Privacy Amendment (Private Sector) Act 2000 (Cth).
DISCLAIMER
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
(a) if the breach relates to goods,
(i) the replacement of the goods or the supply of equivalent goods,
(ii) the repair of such goods,
(iii) the payment of the costs of replacing the goods or of acquiring equivalent goods or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services,
(i) the supplying of the services again or
(ii) the payment of the cost of having the services supplied again
Except in relation to liability for personal injury (including sickness and death); and except as otherwise stipulated in these terms and conditions, we will not accept liability to you in respect of any loss or damage (including indirect, special, or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to an order placed on this web site or in respect of any failure or omission on our part to comply with our obligations as set our in these terms and conditions.
EXCEPTION TO DISCLAIMER
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statue if, and to the extent, such liability cannot be lawfully excluded.
SPECIFIC WARNINGS
You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this web site or any linked web site.
Whilst we have no reason to believe that any information contained on this web site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this web site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.
Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by use of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.
We make no warranty that goods acquired from us over this web site will meet your requirements.
Details contained on this web site relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this web site.
You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to or alteration of your transmissions or data or of information contained on your computer system or on this web site. We do not accept responsibility or liability of any nature for any such losses which you may sustain as a result of such activity.
RESTRICTED USE
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this web site.
LINKED WEB SITE
This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked web sites.
Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
This website and its contents may not be linked or displayed on any other website or media format without our express consent.
HOW WE HANDLE EMAILS
We will preserve the content of any email you send us if we believe we have the legal requirement to do so. Your email message content may be monitored by us for trouble-shooting or maintenance purposes if any form of email abuse is suspected.
SECURITY OF INFORMATON
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which is transmitted to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
TERMINATION OF ACCESS
Access to this web site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
GOVERNING LAW
There terms and conditions are governed by the laws in force in the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
GENERAL
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
If you have any questions, comments or concerns regarding our privacy policy, please contact us at:
info@herbario.com.au
Herbario Clinic
222 Chapel Street
Prahran VIC 3181
AUSTRALIA
Tel +61 3 9529 6320
Fax +61 3 9510 6951